Terms and Conditions of Subscription
Article 1 – Definitions
Words or expressions in capital letter, as shown below, will be defined, unless their context proves to be inappropriate: Subscriber: any natural person who has subscribed to the Website on a fee and, therefore, has the right to use the Services displayed. General Terms and Conditions: the following access and use of the Website conditions. The terms and expressions ‘General Conditions’ and ‘Contract’ mean the same thing. Parties: the Company and the Subscriber. When this term is used in the singular form, it refers to one of the two Parties. Services: the services displayed by the Company on the Website. Website: the website as the Company’s property, accessible through the link www.umanlife.com, or any other link that may be substituted by the Company, including the Partners’ websites. Company: Umanlife, a simplified joint-stock company with a capital of 17.300 euros, and whose head office is situated on 2, rue Meissonier, 75017 Paris, Commercial Register ID B 533 673 604.
Article 2 – Object
The following terms and conditions are intended to administer the access to the Website and use of the Services.
The access and use of the Website implies that the Subscriber has become aware of the following and has accepted them in accordance to the details of article 19. In an explicit agreement between the Parties, their relations are not subject to any other binding contractual obligations than those mentioned by the following
Article 3 – Content of the Services
The Services offer a secure storage information space that allows each Subscriber to contribute freely with information about his health and well-being. It also provides an interactive platform allowing him to access his personal information whenever he wants and chat with other Subscribers.
Therefore, the Subscriber benefits from an overall perspective on the management of his health and well-being and ways to follow it up on a day-to-day basis. The Subscriber can also follow up on his children and pets’ health. The detailed content of the Services is available on the Website the day of the subscription. However, the Company can modify the Services regularly in order to improve its content and quality.
Article 4 – Subscription to the Services
The access to the Website’s Services is only available to the Subscribers. In order to become a Subscriber, the user has to sign up on the Website by filling a form in accordance with the instructions stipulated on it.
The subscription automatically opens an account accompanied by a login and password necessary to the accession and management of his profile. In this matter, the Subscriber acknowledges that his login and password are the only elements allowing him to identify himself when accessing his account, and he only is responsible for their safekeeping. For security reasons, he will be required to change it on a regular basis. Any use of these login and password will be considered performed by the Subscriber himself, and the latter will have to accept all the consequences, even the event of a fraud.
Article 5 – Subscription charges
5.1 General terms
Registration on the Website is free of charge. Once registered, the Subscriber can:
- fill in and use his healthbook according to the Website's functioning.
- buy modules thanks to Ucoins (UmanCoins) purchased on the Website, under the conditions, financial and of other kind, applying at the moment of the transaction.
- buy devices by clicking the hypertext links that lead to partners's websites selling the aforementioned devices.
- (i) Fault, negligence or omission of a third party over which the Company has no control or supervision;
- (ii) Damage caused by computer viruses, hacking or intrusion into the computer system of the Company or its partners, and more generally in systems and computer subsystems that compose it, as well as their massive solicitation in order to cause it to malfunction or blockage;
- (iii) Failure of the electricity distribution network, strike, riot , war , storm, earthquake, volcanic eruption , tsunami, failure of the telecommunications network , loss of Internet connectivity due to public operators and / or private which depends on the company.
It is clearly agreed that the Company will not be held responsible towards the Subscriber in any respect regarding neither the hypertext link leading to the partner's website nor the subsequent transaction he could make. As a matter of fact, the Subscriber accesses the partner's website and may conduct transactions on it under his sole responsibility
5.2. Annual subscription
Besides what is stipulated in the above article 5.1, the Subscriber can access the Services thanks to a 12-month subscription fee.
The amount of the subscription fee is the one displayed on the Website the day of its payment or of its renewal. This amount is expressed in euros, all taxes included. The Company can modify this amount at any time and without notice. Such modifications, however, only apply to future transactions. All subscriptions are to be paid upfront at the time of their renewal. Subscription fees are to be paid exclusively online by credit card on a secured payment platform, or by any other secured payment system proposed on the Website at the moment of the transaction. Any payment is definitive and irrevocable for the corresponding subscription; no refund will be granted, except in case of failure or breach of contract as they are hereby defined in the General Terms and Conditions.
5.3. Initial months gratuitousness for one to three applications
On the first subscription, the first month is free of charge for three (3) modules to be chosen by the Subscriber. At the end of the first month, the total amount of the annual subscription will be charged at once. Fifteen (15) days before the first month expires, the Company will have to ensure, by email, that the Subscriber will pursue or not his subscription. If the Subscriber decides to pursue his subscription, he will have to pay the fees for 12 months, as stipulated in article 5.1. He will therefore continue to benefit from the Services all year long. However, if the Subscriber decides otherwise, he will still be able to access the Services for a duration of eleven (11) months, but won’t be able to modify his profile. When the 11-month duration expires, the Subscriber won’t have access to his account any more; the Company will then have the right to delete this account at any time.
Article 6 –Sponsorship – Gift Subscriptions
Each Subscriber can sponsor as many people as he wants. Each sponsored subscriber benefits from a free trial month as stipulated in article 5.3. For each sponsored subscriber who decides to pursue his yearly subscription, the sponsor will get one month free. Thus, the sponsor will be able to cumulate as much free months as sponsored subscribers who decide to pursue their subscription. As the sponsor, the sponsored subscriber will be able to sponsor as many people as he wants, and will benefit from the same advantages as their sponsor. Each free month counts as 1 UCoin (UmanCoin). As a result of the sponsoring, the sponsor will be able to see the number of UCoins through a tab on his account. He will also be informed via email when he receives a UCoin. The sponsor will only be able to use his UCoins to pay the fee of his subscription or to give a gift subscription to the person of his choice (details in article 6.2). UCoins are therefore non reimbursable.
6.2. Gift subscription – Umanlife Gift Code
In addition to the gift subscriptions available to the sponsor through his UCredits, any person can give a gift subscription to the people of his choice. Any gift subscription will result in a gift code communicated to the beneficiary via email. As all Subscribers, the beneficiary will be able to sponsor as many people as he wants. At the end of his gift subscription, the beneficiary will have the opportunity to continue his subscription by paying a yearly fee. Otherwise, he will continue to benefit from the Services for a limited time (details in article 5.2).
Article 7 – Right of Withdrawal
In accordance with article L 121-20 of the French Consumer Code, the Subscriber is informed that he has a 7-day timeframe to exercise his right of withdrawal without motive or penalty. However, in accordance with article L 121-20-2 of the French Consumer Code, the right of withdrawal can only be available to the Subscriber if he has accessed the Services before the seven-day timeframe.
Article 8 – Website and Services Accessibility – Maintenance and development
The Website and Services are accessible 7 days a week and 24 hours a day, except in the case of a temporary suspension due to maintenance. Therefore, all Parties agree that access to the Website and Services will be momentarily suspended for maintenance, update or development reasons. The Company will have to perform these in the least busy periods of visits on the Website. These interruptions will lead to no complaints from the Subscriber. Moreover, the Company will not be held responsible for any anomaly that may occur during registration on the Website or use of the Services, unless the Company has something to do with it. In that case, the details of the Company’s responsibility will be detailed in article 12.
Article 9 –Respect of the Laws and Regulations– Loyalties
Are prohibited any act, conduct or words likely to undermine such laws and regulations, morality, rights of third parties and normal operation of the Website or Services. In addition, information and advice present on the Website do not engage the Company and does not prevent the Subscriber to seek appropriate advice from professionals. In particular, they are not “collected during activities of prevention, diagnosis or treatment” but are freely inserted by the Subscriber under his sole control and responsibility. The information indicated by each Subscriber on his profile are not “health data”, and therefore cannot establish or medically characterize the health status of the Subscriber. Therefore, the Company shall not be held responsible for errors, inaccuracies or omissions in the data thus indicated by the Subscriber. Furthermore, the Subscriber agrees not to share with other subscribers, including through the chat service, personal information about him; the Company has no control over these exchanges. In addition, given the impact that the use of the information exchanged may include the health of the Subscriber or the other subscribers, it is essential that this information is accurate and conforms to reality. The Subscriber therefore remains solely responsible for the consequences of the use of such information, including his health or that of other Subscribers. Likewise, any misuse of the information exchanged with the Company or with other Subscribers is prohibited. It will include not publishing, transmitting or commercially exploiting or distributing it in any way whatsoever. In any event, the Subscriber waives all claims against the Company, including with respect to consequences that may result from the actions, behavior or language cited above. Finally, in cases where the liability of the Company would be sought in respect of a breach by the Subscriber to fulfill his obligations under the laws and regulations or the terms and conditions, the latter undertakes to indemnify the Company for any conviction against him, if it is based on a breach attributable to the Subscriber.
Article 10 – Intellectual property rights
The Subscriber is committed to respect the intellectual property rights of the Website, its content and its Services. In particular, the Subscriber is not allowed to exploit original creations present on the Website.
Article 11 –Duration of the Subscription– Renewals
The Subscription takes effect from the date of the subscription’s purchase or activation by the Company. It is available for a duration of 12 months and renewable from one year to another for the same duration, unless the customer notifies the Company otherwise (a 2-month notice is required). In accordance with article L 136-1 of the French Consumer Code, the Company will inform the Subscriber via email 3 months before his subscription expires, which he can terminate 2 months before its expiration. Unless he notifies the Company, the subscription will be extended for an equivalent period as the initial one, until the Subscriber notifies the Company of his wish to terminate his ongoing subscription. This information will also be available through a tab on the website.
Article 12 – Responsibility– Limitations
The responsibility of each Party shall be governed by the provisions of Articles 1146 of the French Civil Code. In addition, the overall ceiling of compensation that may be claimed from the Company shall in no case, exceed the amount of subscription fees paid by the Subscriber during the year in which the liability occurred. Moreover, in no event shall the Company be sought if violations alleged against it are due (excluding force majeure or act of government), to the following:
Similarly, the responsibility of the Company may not be sought for consequential damages such as financial or commercial loss, loss of income, increased overhead, disruption of schedule, loss of profits, goodwill or savings, loss of data, loss of opportunity. By express agreement between the Parties, all obligations of the Company under the following are by means.
Article 13 – Personal Data – Law on Computing and Freedom
13.1. Declaration - Consent to the collecting and processing of personal data mainly about the Subscriber's health
The Website and the Services that are offered have been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number 1539431v0. The Subscriber hereby authorizes the Company to collect and process his personal data, particularly the one concerning his health and well-being. The personal data provided by the Subscriber, including through the forms on the Website, are reserved for the exclusive use of the Company and its partners in the European Union. They allow it to manage the subscriptions to the Services provided on the Website. Finally, under the French Law of 6 January 1978 relating to computers, files and freedoms, the Subscriber has a right of access, modification and deletion of personal data. He can exercise this right by writing to (Official Identity proof required): SAS Umanlife – 2, rue Meissonier – 75017 Paris – Fax: +33(1)40549965 – E-mail : email@example.com. However, the Company retains the right to erase some of this data and limit its number.
13.2. Subscriber's consent to the hosting of his personal data, particularly concerning his health, with a certified host of health data.
The Subscriber expressly agrees to the hosting of his personal data, particularly concerning his health, with a certified host of health data.
13.3. Protection and archiving of Subscriber's personal data
The Company commits to implement technical and organizational measures in order to protect the personal data. However, the Subscriber must fully understand the nature and constraints of the Internet. In particular, he recognizes that it is impossible to guarantee that the data transmitted over the Internet is 100% secure. The Company will not be held responsible for incidents that may arise from this transmission.
13.4. Cookies and statistics
Article 14 – Convention of proof
By express agreement, the data from the computer system of the Company or its partners are written within the meaning of Article 1316-1 of the French Civil Code. The relationship between these data and the Party to which they are attached is considered as such until evidence to the contrary. It is therefore considered an evidence between the parties, and it is enforceable in the same way, under the same conditions and with the same evidential value as any document that was written on paper and signed by the Parties strength. These are, in particular, emails that the Parties exchange through their email addresses, as well as login and password used by the Subscriber to access his account. The Subscriber expressly acknowledges that the evidence of his consent to the collecting, processing, hosting with a certified host of health data and protection of his personal data, particularly concerning his health, as they are described in the above article 13, is to be provided by information extracted from the Company's computing system, or from its partners' ones. Eventually, emails exchanged between the parties are considered to be validly received, unless proved otherwise. Likewise, it will be considered that login and password are used by the Subscriber himself.
Article 15 – Force majeure
In the event of force majeure, the Contract will be suspended for the duration of the event. The Party that cannot fulfill its contractual obligations due to an event of force majeure shall inform the other Party within a maximum of 7 days after the occurrence of the event, by registered letter with return reception. The Parties shall meet immediately in order to analyze the situation, including the expected duration or events causing the force majeure and the importance of its impact on the Contract. They should all seek ways to implement to limit the consequences of such an event. However, if the suspension is extended beyond 30 days, the Parties reserve the right to terminate the Agreement freely and without compensation. Their responsibility cannot be engaged for this purpose.
Article 16 – Termination
In case of a breach of any of the Parties to meet its contractual obligations, the affected Party may terminate the Contract any time after a 15 days notice to the other by registered letter or email.
Article 17. – Partial validity – Tolerances
If one or more provisions of the following are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, they will be deemed to be invalid, the remaining provisions retaining their full force, unless they have an intrinsic character with the invalid provision(s). The waiver by a party to avail itself of any breach shall not constitute a waiver of any subsequent breach of any nature. Any waiver must be in writing.
Article 18 – Revision of Terms and Conditions
The Company can revise and update the following General Terms and Conditions at any time and without notice. However, the modifications will only be valid for subscriptions or renewals in the future.
Article 19 – Application and Opposability of General Terms and Conditions
The acceptance of the following General Terms and Conditions can be performed by clicking on the ‘I accept the General Terms and Conditions’ button available at the end of the registration process.
Article 20 – Disputes
The following Terms and Conditions are submitted to French law. Any dispute will be challenged before a competent court.